97-30RESOLUTION NO. 97- 30
,� A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A
JOINT PARTICIPATION AGREEMENT B�TWEEN
THE CITY OF CLEARWATER AND TNE STATE OF
FLORIDA DEPARI"MENT OF T'RANSPORTATION,
TO CONSTRUCT A NEW TERMINAL BUILDING AT
CLEARWATER AIRPARK; PROVIDIN� AN
EFFECTlVE DATE.
WHEREAS, the existing Ftight Operations Terminal Building at Clearwater
Airpark was constructed in �970; and there are several problems v�ith the
existing building including, non-compliance with current American with
Disabilities Act (ADA), severe differential foundation settling, termite damage and
inefficient HVAC systems;
WHEREAS, the replacement of this building is currently programmed in
the City's budget for FY 00/01, with the location to be determined during the
Airpark Masterplan update process; and
WHEREAS, the Florida Department of Transpiration (FDOI� has agreed
to provide 50% reimbursable funding fior the coe�struction of � new flighf
�� operations t�rminal buiiding at Clearu�rater Airpark under Joint Participation
Agreemeni !/VP9 7826659, Job �l0.15007-387?, a copy ofi which is atfached
hereto as Exhibit A, if execuied prior to .1une 3(}, 1997; nowr, therefore,
B� IT I��SOLVED SY TNE CITY COit�Nii�Si�iV OF
TIiE CITY OF CLEARWP►TER, FLORIDA:
Secfion 1. The City Co�ramission hereby accepts and approves the Joint
Participation Agreement between the Ci�}/ and the �ta#e of Florida Department ofi
Transportation, 4NP! (�o. i82665�, Jab R6o. 15Q�7-3877, 4o Construct a New
Terminal Builcling at Clearwater Air�ark.
Section 2. This resolutiQn shald iake efFect immediaiely upon adoption.
PASSED APVD AGOPTE� this Gt day of I�ay, 1897.
Rita GaNe�, Mayar-Commi oner
Approved as t� form: Attest:
�� "" --�' --- � ,�� ' �jr�..
John Carassas, Asst. Cify Atfamey Gyn ia . udeau, City Clerk
�
Reso9ution No.97-30
STATE OF FUDNDA DEPARTMENT OF 77NNSPORTATION
PUBLIC TRANSPORTATION
JOYNT PARTICIP.�T[ON AGREENlEIIe11T
FORM 153-070�06
rueuc ranr+sr n��Mn+
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Page 1 of 1)
WP[ No: 282�59 Fund: 010 SAMAS Approp: 088719
Functiort: _ !'i7 SAMAS Obj.: _.19�i107
Job No: 15007-3877 — Federal No: Org. Code: �5072(120728
�Contract 1Vo: F.-078 _ Vendor No.: F59G000289002
THIS AGREEA�dENT, made and entered into this day of , 19 ,
by and between the S'�A'd',E �F FLURIDA DEPARTMENT OF TRANSPORTAITON, an agency of the State of Florida,
hereinafter referred 4o as tt�e Department, and�+ of C�A�*s M*°r�p n Box 4748 GJearwater, Fi. 34518-4748
hereinafter referred to as the Agency.
lNITNESSETH:
WII�EREAS, the Agency has 4he a�thority to enter into said Agreement and to undertake the projecE hereinafter
described, and the Departmecat has been granted the authority to function adequately in all ueas of appropriate
jurisciection is�ciculing tihe impEemen9ation of an integrated and ba(anrzd iransportation system and is authorized under
��� n(LS �c5) ,Florida Statuees, fa enter in:o this Agreement;
IdpW, Td�tEE'pPtE, in consideeation af ahe mutuai covec�asifs, gcomises aad cepresentations herein, the parties agree
as follows; �
1.00 Pucpose of •Agreement: The purpo� of this Agreement is to provide funding for the construcdon of a new
teemina! building.
and as further descrihed in �xxhibit(s)11,.�5'�d.� attacheci hereto and by this reference made a part
hereof, heseu�after referred eo as d�e pro,�e�t, aaxi tn �rovisfle �uta1 financial assistance to the Ageacy and state the terms
�nnd condition5 upon whicl� such assistance witl he pravided' and fhe waderstandings as to the manner ia which the project will
be undertaken and completed.
�
�xhibi� A �e�• G� / "'�` �
FORM T2Wloa6
PU8l1C TRANSp ADMIN
OdC�• 09/96
PY`e2o(Il
2.00 Accomplishm�nt of the f'rojects
2.10 General Rec�uirer�aeatts: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a pare hereof, with atl practical dispatch, 3n a sound, economical, and efEicient
manner, and in aecordance with the provisions herein, and all applicable laws.
2.20 Pursut�nt to �ederni9 State, and I.ocal Luw: Irt the event that any election, referendum, approval, permit,
no6ce, or otherproceeding or authoria�don is requisite under applicabie law to enable the Agency to enter into this Agreement
or to undertake the project hereunder, or to obscrve, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consurrunate, as provided by law, all actions riecessary with respect to any such matters so requisite.
2.30 Funds of dtae Agency: 1i�e Agecxy shall initiate and prosecute eo comple6on all proceedings neczssary including
federal aid requirements to enable the Agency tu provide the necessary funds €or comple6on of fhe project.
2.40 Submission of Proce�din�s, ContracQs and Othea� I3ocumenis: The Agency shall submit to the Department
such data, reports, records, contracts and other documents relating io the project as the Departmer,t may require as listed in
Exhibit "�" attached h�reto and by dhis reference made a part l�ereof. '
3.0� Pt•ojest Cast: 'd'he t4ra1 es6cnated cose of the project is $�,QaiD . This amount
is Uased upon the estimate swn��aariaed in Exhibit "B" attached hereto and by this reference made a pad hereof. The Agency
agrees to bear ap expenses in excess of the total esGmated cost of the project and any deficits involved.
s$,pQ Derpart�ttent Patt6cipaiiona The 1?epartrnent agrees to maximum participation, including con6ngericies, in the
�project in the amount of $ IiKI Q� as dek�iled in Exhibit "B", or in an amount equal
t:o the perc�niage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Proja� Cost Elip bility: Pro}ect cos^s eligible for State Fartici�ation will be allowed only from the effective date
of this Agreement. It is undersP,00si that State participafion in eligible project costs is subjece to:
(a) Legislative approval of the Department's appropriadon request in the work program year that the project is
scheduled to be committecf;
(b) Availabiliiy of funds as stated in pacagraph 17.00 of this t�greameni;
(c) Approval of all plans, specifica6ons, contracts or other obliga6ng documents and all other tierms of this
Agreement;
(d) Department appravai of the project scope and budget (Exhibits A�c B) at the time appropriation autE►oriry
becomes availahle.
4.20 Front Ered Fund'e�g:lFrafft erxD fui�ing (X� fis not) applicable. 4f appiicable, the Departrnent may ini6ally pay
10096 of the tohal allawable inaarr�d proj�ct c�sts up t� an amo�ant eyual u► 4ts totai share of participation as shown in paragraph
4.00.
5.00 Retain�ge: Retaiaaage (X}t� rs notj a�plicable. If applicable, N/A percent of the
Departmtnt's total sharo of partic'spa�on as shown in paragraph 4.00 is ta be hcid ia rctainage to be disbursed, at the
Department's discredon, on or before the ea�mpletion of the final project audit.
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FOftM T1S�R.b96
PUbIJC TRANSP ADMIN
ooc. mroa
Pa6e 7 of I l
6.00 Prolect Budget und E'syment Provisiores:
6.10 'i'��e Project Budget: A project budget shall be prepared by the Agency and approved by the DeparUnent. The
Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project
funds only in conformity with the IatesY approved budget for the project. No budget increase or decrease shall be effecdve
unless it compties with fi�rod participa6on requirements established in paragraph 4.00 of this Agreement and is approved by the
Department Comptrolier.
6.?A Paytt�en,t I'eavis6ans: U�.les�s oiherwise allowed u�der paragraph 4.?A, Qayment will tsegin in the year the project
os project phase is schedsiled in the work program as of rhe date of the agreement. Payment evi11 be made for actual costs
incuned as of the date the invoice is submitted with the n"nal payment due upon rec$ipt of a final envoice.
7.00 Accounting Itecords:
7.10 F,siiablish�raent and Maintenanc� of �,ccounQing 12ecords: The .4gency shal! establist► for the project, in
co�armity with requiseanents �stablished by l2epacimeeae°sprogram guidetines/procedures and "Principles for State and Local
Governmenls", separate acc�ents � b� maintaiaaed svittuae iG, existing accflunting system or establish independent accounts. Such
accounts are refened to herein collecYively as the "project account". Documenta6on of the project account shall be made
available to the Department upon request any time during the period of the Agreement and %r five years af2er final payment
is made. �
7.?A Funds It�eiv�d Or Made �.v�ii�bte �ar T4�e Pro,�ect: i°he Agency shall appropriately record in the project
.�,��acc�sunt, artd deposit in a ba�Ec or Yrust ooanQauy which is a member of itae Federa4 Deposit Insadrance Cbrp�ration, all payments
receiae� by it from the L�egrastrnent pursu�nt to Yhis Ageeeenent and all other funds provided for, accruing to, or otherwise
m,ceived on account of 4he gra;sct, whnci� Departmeni payments and other funds are herein coldecfively refereed to as "project
funds". The Agency shatl requirs depositoeies of project funds •to secura condnuously and fWly all projecY fun�s in excess of
the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by
the Departmen4, by the de�osit or setting asit7e of collateral of the types and in the manner as prescribed by State Law for the
security of public fuacis, or as approved by the I)epartment.
7.30 Cabts Incur�r�esi for ti�e Proje� 7iie Agency shaif charge to the praject account aU eligible costs of the project.
Costs in excess of the lat�se approved budget os attribukable tn acflons which have not receivecl the required approval of the
Departrnent shall not ba r,onsidereti eiigibEz cQSt�.
7.40 I3oatme�taticu� raf A'rnjs�4. �Sis: AU costs chargesi eo the project, including aay approved services contributed
by the Agency or others, shall be sugpartesl by properly execute.� payrolls, 6me records, invoices, contracts, or vouchers
evidencin� io proper detail the nawre anct rropriety of the cl�acges.
7.50 Chedcs, Orders, and Voucl2e�: Any check or order drawn by the Agency with respect to any iYem which is
a will be chargeable agad�s4 the projeci acc�unt will be cLrawn only in accordaace with a properly signed voacher ihen on file
in the of�oe of the Agency stating in proptr detail the purpose for which such check or order is drawn. All checks, payrolls,
invoices, confracts� vouch�rs, orders, or ot�er accbunring documents pertaining in whole or in part w the project sha11 be
. cleariy identified� readily accessibCe, and, to the exteat feasibte; kept separgie and apa�t korn �II ather stich document�.
�
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FORM TLSiA(106
�PUUUC TRANSP AUMIN
OOC - 09l96
F'Kn�d11
� 7.60 Audif Reporis: 'd7�e Agency �all provide to the Department audit reports reflecting the use of the funds of the
Deparbment, the Agency, and ihose from any other source with respect to the project as required by Procedure 450-021-001.
Aud'ets shall be performed in accordance with geneca(ly accepted government audiGng standards contained 'en the "Standards
foe Audit of Governmental Organiaa6ons, Programs, Aciivities and F�nctions", issued by the U. S. General AccounGng Office
and ONdB Circulaes A-123 or A-133 where applicable. 'Y'he Agency shall require its auditors to inciude in tt►eir report a
schedu(e of project assisiance as descrebed in Exhibit "A", Special Considerations.
?.7�D Insurs�ce: Execu6an of fhis 3oint Participa6on Agreement co�stitutes a certificarion that the Agency has and
wil! maintain the ability to cepair or eeplace any projece equipment or facilities in the event o€ loss or damage due to any fti._p
accid�nt ar casualry for the use�'i�1 life o: such equipment or facili6es. In the event oP the loss of such equipment or facil�ees, $'°�
dte Agency shali either replace fhe esiuipment or faci(ities or reimburse the Departmen! to the extent of its interest in the lost
equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Depastment may waive or modify this secdon with an lExhibit "G".
8.00 Requisidions ared Fayments:
S.flO Action by the Agency. Yn order to obtain any Department funds, the Agency shall file with the Departrnent of
TracLSgortation, Districi _ S.�en _ Public Transportation Ofiicz � 1201 N McK�r�v Drive. Tamna . Florida, 33b12 i1s
requisitdo� on a form ac forms pseseribed by t4ie l�epartrneai, and other data pertaining to the project account (as defined in
paragrapb 7.10 hereo� to jusdfy and sup�o�t the payment xeequ3si6ons.
8.11 Invoices for fees c�r o8her c.flm�.°.nsation for �rvices or exp�nses shall be submitted in detail sufficient far a
'�g�p�er preaudit and pasraudit Lhereof. .
8.12 Iavoices f4r any travel expen�es s2sa11 be �bmit�ed in acc°raance''�sd� Chaptec 112.061, F.S. The Department
�say esrablish rates lowee than the r�ximum provided fln Cl�ap�ee 112.06f, Fforida Statutes.
8.13 For real p€aperty acquered, submit; �
(1) the date 94�e Agency acquired the real proPenY=
(2) a scatement by the Agency c�rtifying that the Agency has acquired said real property, and achial
cansideration pa4d for real propeety.
(3) a statement by the Age�ncy cectif}nng that the appraisal a�d acquisition of the real pro�cty together
wit� ar►y atte�laaat refloc�6on of mcaxpants was aGCOrnptished in compliance with aU federal laws, niles
and pe�diu+rs ree�urr�i by ac�y f�dera! ove:sight agency ancl with atI sta4e laws, ndes and procedures
that may apply tc► the A�en�y acquiring the reai propee�ly.
8.20 The I}cpartment's Obli�4x'�.s 5ubjact to other pmvis►ons hereof, the Department will honor such requisitions
in acnounts and at times deemed by the A�c(��tment to be ProPer to ens�ue the carryin� out of the project and payment of the
eligible cosis. However, notwidu�r� any aii�Cx pmv�sion of tbis Agreement, the DeEsartment may elect by aotice in wri6ng
not W make � payment on the project if:
8.21 M"isrepre��rzaWtion: Th,- �4gency sl�aali Yravc made misrepresentaGon of a material natur� in its applicaGon,
��yr �nt tt�ereto or amencicntnt d�ereof� ar in Csr vrith ��t W�ny dbcun�ent or clata t'wnished ilterewitf� or pursltant
. herCW;
$.� i�ti�PFoaE:7i�ete is ther� p�ding li�g�►tion widr eespect to che per�ornsance by the Agency of arry' of its dudes
� Q6liglti� �ch may ja�pardize nr adver�ely af�cct the project, thc Agteemenc; tir payment� i�r tlse project;
�C� Approtisl by l�ep�r�rrt�i: 'iis� ��ncy sit�l tsavc �akrn �I' �c� pettainiag t� t�te pt�'�ci which, t�'
����t��ti ,regt�ces t�te "a�COV�J t►i'tt�! dcpairtrr�s� t�t' 1t� tnade �a��cd expet�d�dt�� cx' irtct�tr� tcla#escl trtr�i�2ii�s
,���. �I �'��
FORM TtSO?U06
PUBIJC TIUNSP ADMIN
OOC•OOM6
W6etdU
��rithout having been advised by the Department that same are appcoved;
8.24 Conflid of Interests: 'It�ere has been any violation of the conflict of interest provisions contained herein; or
8.?S Default: The Agency has been determinQd by the Department to be in defauit under any of the provisions of
the Agreement.
8.26 F�ernl PauYi'cipatiai (If AppGqble): tlny fedecal agency providing federal financial assistance tu the project
suSpet�cis or 4erminates federa! ficac�cial assiseance co che project. Hn the event of suspension oe termination of federal financial
assistance, the Agency wili reimburse the i2epartment for alt disallowed costs.
$.30 Dis�lI�wed Cosiso Iet deternuning the amount of the payment, 4he Departrnent wili exclude ail projects cosu
incurred by the Agency pcior to the eflFecdve date of this Agreement, costs which are r+ot provided for in the ]atest approved
b�asiget for tf�e project, aau! � attributable to goods or services received under a contract or other arrangements which have
not been approved in wri6ng by the DepacEment.
8.40 Pay�aait Oft�ef: If, after project cocnple6an, any claicn is made by the Department resulting from an audit
oc for evark or se�vices performe�l gusstian2 tu dus agreement, the Depa�tment may offset such amount from payments due for
worlc or �rvices done urider any public taanspostation joint partir,ipa6on agreemeat which it has with tlne Agency owing such
a�aunt if, upon demaced, paya�tent of the amount is not made withias sixey (60) days to the Departrnent. Offsetting amounts shall
not Ife considered a breach of contract by she Department..
. . 9.Oa '1'erminstion �r Saes�semn �f Proje�: .
� 9.10 '�erta�inafeo�t � Saupea�s�oce G�a►e�ally. I�F d� Agency aban�ons or, t�efore completion; finally discontinues the
project; or tf, by reason of any of the events ae conditians set forth an paragaaphs �.21 to 8.26 incfusive, or for any other
�n, �►e commencemee��, psoseeu�ion, oc timety c�mpledon of the pcoject by the �gency is rendared improbahle,. infeasible,
impossible, or illegat, the Departmen� wili, by written notice to the Agency, suspend any oc all of its obliga6ons under this
Agreement undl such tima as die event or condition resul6ng in such suspeasian has ceased or been corrected, or the
Department may tesminate any or all of its obGgatimns under this Agreemen�
9.11 Action 3ubsequent to PVatice of Termination or 5usp�xesdor+. iJpon seceipt of any final termina6on or
sus�etuion notice unrler tiris p.�sragraph, the Agency shail proceed prompdy to carry out the actions required therein which may
include any or all of the foUavving: (Y) ��eccs�ry ac�ion to ieeminate or suspecui, as the case may be, project activities and
c�ontracts and such othee action as may be requirecl or desirable to k�p ta� Ehe minimum the costs upon the basis of which the
ficrat�cing is to be computed; (2j fiunis�r � statement of the project activities aad contracts, and other undertafangs the cost of
wtnch are otherwi.� in�ltufa3�ie as pm,�ct s�sts; and (3) rea►it to the Department s�cl� portion of ihe financing and any advance
payment previously receevcd as is de2ee�rnirsed by the D�partrn�nt t,a be due ureder the grovisions of the Agreement. The
termioation or susgension shal! tse c,arr�ed oui in conformity with th�e latesti sct�edule, ptan, and budget as approved by the
Ikpartmeat or uQon the basis oi tesms and conditions imposed hy the Department upon 9he failure of the Agency to furnish
the schednle, plan, and budget within a rcaa ,�onable timc. The approval of a remittance by the Agency or the closing out of
federal financial partia�tioa in the pmjec;t shall n�t consfitutc a waiver of any claim which the Department may otherwise have
arising out of this Agreemr�a�. .
9.12 The i)epartutexit rrse�ves tf� rig�tt ta �iru(aterally cancel thi5 Agreement fdr refits�i by the contractnr or Agency
` to atlovr public access to all dacu�nls, pagers, tettcrs, or �ther ma�tenal subjcc( to thc provisiuns e�' Chaptcr 119, Florida
St�wte� and made or rereived tn c;anjunction rvith th�s A�etmen�
� 10.f10 It+emissinr� ot` tMoj�! �cx.+wnt Upa�ii Complelian bt f'rojcs[: L►pctn r,�mptetiar� o� !fie project,, �nd a�ur
1��� P� � I�YmCnt, � reimb+►tsem�;nnt of �11 proje�t cx'�s� ptiyafr� froat ttt� ptt►�eCt ac,t�wit u tnade, thC Agcncy
�,�°.�t1 r�it t�i t#� Dcpattmet� it� �ra trfatry it�eirpende� 1'ra%t�r.e in if� proj�ct arcriuttt�
��� �����
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PUBIJC 7RANSP ADMIN
UOC • 09l96
Yade 6 of I I
1H.00 F�,�sdit �usd [nspecSion: The Agency shall permit, and shall require its contractors to permit, the Departrnent's
au9horized represeatatives to inspect a!! work, ma4erials, payrolis, records; and to audie the books, records and accounts
peetaining to the �inancing ansl development oE the project.
12.Q1Q Contracts of the Agency:
12.l0 Tlaird P'ar�y t��eements: Except as otherwise auihoriaed in writing by the Departrnent, the Agency shali not
execate �ny contract or obligate itself in any manner requiring the disbursement oE Department joint participa6on funds,
encluding consultanc, construc6on or purchase of commodi6es contracts or amendments thereto, with any third party with
respec.K to Yhe project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause
for tanpayment by the Department as pr�videsi in garagraph 8.23. The Department specifically reserves unto itself the right
t�n review the qualifications of any consult�nt or contractos as�d to approve or disapprove the employment of the same.
]2.2U Complianc� with Consult�n�s' �m�tive I°Iegot�ation �,d: Ye i� uc�decstood and agreed by .the parties hereto
t�iae participadon by the Uepartmene in a project with an Agency, �vhere said pcojece invo(v�s a consultant contract for
�riceg, azchitecture or s�aveying �rvices, is condngent o� the Agency complying in full v✓ith proNisions of Chapter 287,
Tr"tarida Statutes, Consultants Competifive Negotia6on Aci. At the discretion of the Aepartrnent, the Agency will involve the
I?epaetment in the Consultant Selection Process for sl! contrac�s. In all cases, the Agency's Attorney shall certify to the
Aepartmene that selection has been accomplished in compliance with the Consultant`s Compefi6ve Negotia5on Act.
12,30 Disadwanta�ed Business Enterpcese fD��i 1'olicy and Obiigation:
• 12.31 DB� Poiicy: Yt is ihe polacy of the Department 4hat disadvantaged busin;ss enterprises as defined in 49 CFR
�pa�t 23, as ame�, shall have the maximuna opporGu�iYy to gart�cipate in the performance of c�ontracts financed in whote or
in pari witia Departmen: funds under this Agreement. '1'he DBE requirements of 49 CF�t. Part 23, as amended, apply to this
Agteemenc. •
12.32 ID�E �bG�tioei: 'i'he Agemcy and iis contractors agree to ensure that Disadvantaged Business.Entecprises as
def�d in 49 CFR. Part 23, as amer�led, t►ave the maximu�s opportunitY ?o participate in the pea%rmance of conuacis and tlus
,q,gree�nent In dils regard, al! cecipien�se and contraetors shall take atl necessary and reasonable steps in accordance with 49
CFR Part23, as�amended, to e�us ti�t the I�isadvantaged Business Enterpreses have the maximum opportunity to compete
��d perform contracts, Gra��t�s, recipienss �nd their contractors sball not disccinunate on the basis of race, color, nafional
origin or sex in the award azsd perforanance of I3egartment assisted contrac4s.
13.00 Restrictions, fl'rohibifions* Coraia°ots, su�d I.�t►or Proresions:
13.10 Equa1 lEarapioymcnt Opportonity: in connection with the carrying out of apy project, the Agency shall not
discc'uniaate against aacy emplo�ee or applicxnt for employa�ent because of raec, age, ereecfi, color� sez or na6onal origin. The
pgeocy �vil! take af6rnlative actifan to ensure tl�at applicant� are employed, and ti�at employees �re treated durinR employment,
without regard to theu race, age, creed, coioc, sex, or narionai origin. Such action shall include, but not be limited w, U�e
following; Employment tqsgr�ding, c�emorion, ar transfec; recnutment or recruitment adverbsing; layoff or terminadon; rates
of pay or other focros of compensatian; aesd sctec6oa for trai�ing, including appren4iceship. The Agency shall insert the
foregoing provisian malified only fo show ih� pacticular coatrdctual relationship in aU it5 con�racts in connecbbn with the
' dovelopmCnt or opera6on of U�e project, except cdntraas for thc standard cc>mmercial 5uppiies or raw materials, and shaU
require ail such eontractors to insect � simiiaz provision iu a1! suboontraa�s, exccpt subcontraccs for standard commercial
pplies � ratv ma�eriafs. When the project in•roldes inst�ii�tioni construction, demoti6on, removal, site improvement, or
�,_,� �t� t�e /4ge�icy shaq post, ia r,o�cuous places available w employees and applicants for emptcfyment for pruject
�vor�c, noticrs ta 6e provi�ed by the Department �tting forth tht provisions of t�e nnndiscriminaeon clause.
��� r ��°�'�
FoNM 7itO,1606�
i'UBIJC TRANSP AU W N�
pOC • Oo�ati
P.te7dll
13.24 Tide'8�I • C'.avil Righfs Ast of 19b4: Execution of this Joint Paeticipa6on Agreement constitutes a certifica6on
that the t�gency will comply wiflia ali she teguirements imposed by Tide Vd of the Civil Ytights Act of 1964 (78 Sratute 252),
the Regula6ons of �ae �esleral Department of Transportation issued thereunder, and the assurance by the Agency pursuant
theeeto.
13.30 Ttle �ffi � C",avi9 �ct+ghts Ad of 1968: E.zea�6on of dus Joint Participak�n Agreement cons6tutes a certification
td�t the Agency will comply cai4h all the requieements imposed by 'Y'itle VIII of the Civil Rights Act of I968, 42 USC 3601,et
seq., wfiuch among othee itungs, prohibits discr+mina6on in housing on the basis of race, color, national origin, religion, sex,
disability and familial status.
A3,4Q A��tericae�s with Disabilities Act oF 1990 (ADA): Execution of this Joint I°articipaUOn Agreement constitutes
a cr.rtifeca6on that she Agsncy will comply rvith all the requirements imposed by the ADA, the regulations of the federal
govercunent issued thereunder, and the assurance by the Agency pursuant thereto.
13.54D Prohibitr.�i Int�s: Neither she Agency r►or any o€ its contractors or their subcontractors shall enter into any
oonm�ct, �beontracc, or �rdnger�eent in ca�efion with the project or any properry inciuded or planned to be included in the
projece, in which any member, o�'i'icer, or employee of the Agency during h3s tenure or foc two years thereaftee has any
inferest, direct or i�clire,ct. If any such psesent or former meenber, officer, or emptoyee involuntarily acquires or had acqweed
preor Oo tiee beginrning of ivs tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency
w�th prier approval o� tha i�eparement, may �ve t6e prohibition contained in'this subsection: Provided, that any such present
member, afficer oe empioyee �h.all �ot paaticipate in any actian by the Rgency relating to such contcact, svbcontract, or
w' aeraagement. °id�e Agency shali inserc in all contracts entered inio in connec6on with the project or any propercy included or
�laaaned to be isciuded in any project, ancl shall reQuice its contractors to insert in each of theie subcontracts, the folluwing
psovisinn: • _ '
. "A10 me�6ee, offioer, or emptoyee of die Agency during•his tenure or for twa years theeeafter shall have any interest,
diTeCE oP indireci, in this cmntract or t�ie proc�eds thereo%"
'The provesions of this slab�ec�oa slbali not be applicable to any agreement between the Agency and its fiseal depositories, or
t.� any agceement for utility serveces the rates for rvhech aee fix�d or controlled by a Govemmental agency.
13.60 Inter�st of A�teanbea�s of, or De�egates to, %ongess: No member or delegate to the Congress of the United
States shall be admitt,ed ias aEay st�are or part of ttae Agreement or any henefit arising therefrom.
14.Q0 N�celtanenus P'ruvisdons:
1�.10 Envirottmentrl F�9tuteon: Fxecu6on uf this Joint Participation Agceemen� constitutes a certification by the
Agency d�at d�e project wiU be c�reerl crut in conformance wiih a16 applicable environmeatal reguladons including the securing
of any applicable pernuts. The Agency will be solely responsible for ary Diability in the event of non-r.ompliance with
applicable environrnental r�SulaBo�, including tt�e securing of any applirabie permits, and wiU reimburse the Department for
any loss ineurced in c�nnee6on thecewith.
14.20 Departmes�E l�iot Cibligated ta� Third Parfies: Th� nepartment sha8 not be obligated or liable hereunder ta
any party otNer than the Agency.
I��i I • � �
�FORM T7SOJ606
PUOUC TRANSP ADM1N
OOC • 09146
Pa�eddll
'� 14.30 When Rights and Remedies Not Waivedc In no event shall the making by the Departrnent of any payment
to the Agency coe�stitute or be construed as a waiver by the Depactment of any breach of covenant or any default which may
then exist, on the part of the Agency, ard the maldng of such payment by the Department while any such breach or default shall
exist shall in no way impair or prejudice �ury righi or remedy available to the Depa�Unent with respect to such breach or default.
14.40 How Age�eement �s Affected by Provisiat�s �eing Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agceement sha9i not be zffected. In such an instance the remainder would then condnue to
conform to the terms and requirement� of applicable faw.
� 14.50 Banus or Camc�ission; By execution of the Agreement the Agency represents that it has not paid and, also,
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
14.60 State or TerritQrial Y.aw: Nod�ing in ihe Agreement shall require the Agency to observe or enforce compliance
with azry pmvision �sereof, perform any other act or do any othec diing in contravention of any applicable State law: Provided,
that if any of the provisions of the Ageeernene veoiate any agplicable Srate law; the Agency will at once nodfy the Departrnent
in wrcting in order thai apprapriate r,hanges artd modefications may be made by the Department and the Agency to the end that
the Agency may pr�ce�d as s�n as possibte v�i8h 4he project.
14.70 Use and �inteaearice of Pr�;�t F�celiti� aa�d �q�pment: The Agency agrees that the project facilities and
' equ9pment will be used by the Agency to provide �r support public 4racasgc�rtadon for the period of the usefiil life of such
facilities and equipment as delermir�ed in accorc�ance wifh �an..raI accounting principles and approved by the Department. The
.4ge�y further agrees en maintain d3e prQject facilities and equipment ia gomci worldng order for the usefail life of said iacilifies
,� or ec�igmenG �
14.71 Pna�y ��sd5: 1�e Agency agsees to t»air►tain properrty records, condact physical inventories and develop
eontrol systems as rec�uirecl by 49 �FFi Part 1$, when applicable.
14.80 Disposa! mf Project Facilities or EquipmerDt: If ihe Agency ciisposes of any projece facility or equipment
during itc usefW life fos �ny purgose except its replacement with iike faciliry or equipment for public transporta6on use, the
Agency will comply cv6th the tecros of 49 CFR Fart 18 eelating t� property management standards. The Agency agrees to remit
to the Department a grogortional amount of the proceeds from the disposal of the facility or equipment. Said propor6onal
amount shall be determin� on tise i�sis of ihe satio of the I)egartrnent financing of the faciliry or equipment as provided in this
Agreemen�
14.90 Contr�taai Indemiuty: �'0 lisc eRt�nt provided by law, the Agcncy shal! indeau�ify, defend, and hold harmless
the Departrneat and aU of its officers, ageots, and emQloyees from any claim, loss, damage, cost, c6arge, or expense arising
out of any act, error, ornission, or r�gSige:ne act by the Agency, its agents, or employees. during the pecformance of the
Agreement, ezoept that neither the Agency, its a�ents, or ils employees wil! be liable under this paragraph for any daim, loss,
damage. cost, chargc, or exgense arisin� out of any act, enror, omission, or negligent act by ihe Department or any of its
officers� agents, or employees during d�e peeformanc� of the Agreem�nt. ,
When the Db�artrnenE eeceives a notiae of ciaim for damages that rnay have t�een caused by the Agency in the
performance nf servir�es cequired undar ifris Agreement, the I3epartment will immediately forward the claim to the Agency.
The Ageacy and the Deiaartment will evaluate the claim and repart their findings ta each other within fourteen (14) woridng
` days and tvill jounly dise�s �ptiar�s in cSr,f�nding tt�e cL�int, After revieWing th� �taim, the Departrnent will detcrmine whether
�► rec�ut�e the partieipatioa of the Agency in ihe defense of the ctaun ot to require t}sat the Agency defend the Department in
svch claim as described in this seetion. 1i�e Depart�nent's faitur� Co promp�ly rsotify the Agency
�df a r.laitli shaU not act as � wai�et' of �ay right herc;�n i� requirc the particip�don irti r�r defet� of the claim by the Agency.
'Thc �rfrnecr# �nd ct�c Agency will each �y its ov�m expet�cs %r tt� e�+alti�tiori, sedlement negdti�tions, and trial, if atry�
Hm�c;v�� if t�y ��atty pattici�f� in tbc defcas� e�f the �ain► �t �1, that p�rty i� res�iontib�� fo� ail expcnces ai trial.
i���. �� � �
PORM 7LSO76qG
PUBLIC TRANSP AUMIN
OOC - 07/96
P�ge 9 0( I I
15.MD Flans arod Sp�ificutioass In the event that this Agreement involves the purchasing of capital equipment or the
constructing and equipping of facilities, the Agency shall submit to the Department for approval al! appropriate plans and
specifications covering d�e pro}ect 'li�e Department wip review all plans and specifications and witl issue to the ,4gency written
a�pe'oval with any approve.ai portions of dee grojece and camments or recommendations concerning any remainder of the project
deemed appropriate. After reso9ution of these comments and recommenda6ons to the Department's sadsfaction, the
Departrrient will i�ue to tfie Agency written approval with said x�mainder of the project. Failure to obtain this written approval
shat( be sufficient cause foa nanpaymenf by the DeparUnent as provided in paragraph 8.23.
16.00 Froject Completion, Agency Cerkificxttion: The Agency will certify in wri6ng on or attached to the final
invoice, that the project was completed in accfledance with applicable ptans and specifications, is in place on the Agency facility,
that adequaate title is in the Agency and ahat the project is accepted by the Agency as suitable for the intended purpose.
17.00 A�propriation of Funds:
17.10 'Z'he State of F7oreda's performance and obligation to pay under this Agreement is contingent upon an annual
appropria6on by the L.egislature. •
17.20 R�Ie�lfi-Year �mmiicxt�et: In the event this Agreement is in excess of $25,000 and has a term for a period of
more d�an one yeas, d�e ganvisions of Chaptu 339.135(6}(a), Florida Statutes, are hereay incorporated: "(a) The Departrnent,
• during any fiscal year, shall not expend maney, incur any liabitity, or enter into any contract which, by its terms invo[ves the
expendiwre of money in excess of the amoients budgeted as available for expenditure during such fiscal year. Any contract,
veebai or writtep, tnade in v9oflation of this �ubsec6on is nttVl and void, and no monay may be paid on such con�act. The
�De�SarYrnent �hall reqe�re a statenaent from the co�ptrollee of the I?eparEment 4hae funds are available prior to entering into any
�,,3such cctnYrac4 or ot6er birr�iing �mmitrnent of funds. Notfaing herei�er contaireed shatl prevent fhe maldng� of contracts for periods
exce�ding 1 year, but any eonirace so made shal( be executorv only foc the value of the services to be rendered or ageeed to
ba paid for in succeeding �iscal yeacs; artd phss garagraph shald be encorporater! verbx6m in ap contracts of the Department
�vhich ae� for an amount in excess of 23,OQ0 doIlars and which havc a term for a period of more than 1 yeac"
18.00 Expiratia*� Qf Agreeataenl: The Agency agrees Yo complete the project on or before
Ivlarch 3(l. ZOOD . Yf ihe Agency does not complete the project within this 6me period, this Agreement
w�lt exgire eanless am ext�e�ion of t}►e 6me peri�d is requested by the Agency and granted in writing by the District Secretary,
Distriet Seven . Expiradon of this Agreemene avil! be considered termina6on of the project and the
procedure e.stablished 'en ��agraph 9.C1C) of ehis Agreement shald be ini6atetl.
18.10 F'�1 invt�6u� 1%e Age�cy mtist submit tt�e final invoice on this project to t3te Department within 120 days after
the expiaadon aF 9h�s Agreemen4. Invoices suban'stte.d after ths 1?A day time periai wiil not be paid.
19.00 Agr�eeir►ent Form�tt All words used herein in the singular form shall extead to and include the plural. All
words used in ihe pluca! fonn shall extea�r3lo and in�lude tha stingular, All words used in any gender shall extend to and include
all genders.
211.40 �xa�a�n dt Agrear�e#: 'I�in Agrcement may be vmultaneously executed in a minimum of two counterparts,
each af which so executed shall be decmcd to be an ariginal, and sueh cvunterparts together shall consatute one in fhe same
instrumen�
21.00 RestriMiQns on Lobbyir�gs
�
��, ���" �
FOHM T7S�07406
PUBIJC TRANSP AbMIN
OOC • 09196
Pa6e 10 af � 1
��? 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf
of the Agency, to any person for influencing or attemp6ng to influence any o�cer or employee of any federal agency, a
Pvlembet of Congress, an ofificer or employee of Congress, or an employee of a Member of Congress in connec6on wiih the
awarding of any federal contract, the making of any federa! grant, the making of any federal loan, the entering into of any
000perative agreement, and the extension, continuaeon, renewat, amendment or modification of any federai contract, grant,
loan or cooperadve agreement.
If any funds other tt�an federa! appropriated funds have been paid by the Agency to any person for influencing or attempting
to influence an officer or employce of any federat agency, a Member of Congress, an officer or employee of Congress, or an
empicayee of a Member of Congre� in cone�ec6on with this Joint Participation Agreement, the undersigned shall complete and
sut�init Standard Form-LLL, "Disclosiue Form to RepoR I.flbbying," in accordance witlt i4s instructions.
The Agency shail require that the language of ihis section be included in the award documents for all subawards at all tiers
('utcluding subcontracLs, subgranis, and contracis under gant�, loacu and cooperative agreements) and that all subrecipienu shall
certii}r and disclose accordingly.
21.20 State: No funds received purs�aanc to this contract may i�e expendecl for lobbying the Legislature or a state
. agency. .
22.00 Vendors Righ4s: �endors �n 'd►is doc�ernent iden6fied as Agency) providing goods and services to the
Departmeat should be aware of d�e following time frames. Upon receipt, the Departreeent has five (5) worldng days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
llepartanent has 20 days to deliver a request %r gaymeaat (voucher) to the Depactment of Banldng and F'inance. The 20 days
�are measured from ihe latier of the date the invoice is received or :he gaods or services are received, inspected and approved.
If a gayment is not available �xithin 40 days after receipt of the invaice and receipt, imspection and approval of goods and
�mces, a separate iatemst pe�lty in acoordanoe witie Section 215.42�� J(b j vuill be due and payable, in addition to the invoice
amount to the Agency. The interest penalty provision applies aftsr a 35 clay Gime period to health care providers, as defined
by rule. Interest penal6es of less tk3n one (1) dollar will not be enforced unless the Agency requests payment. Invoices which
have to be reharned to a�a Agency liecause of vendor prepar, iion errors wili rr,sult in a delay in the payment. The invoice
payment requirements do not s4arc un�i! a properly completed invoice is provided W 4he Department.
A Vendor Ombudsman has bren estai�lished ee+9thin the Departrnent of �anking and Fubance. The duties of this individual
include acti,ng as an advu�ate far Agencies wha may be expeciencing problems in obtaining timety payment(s) from the
�epartrne�st, The yendor pmb�n may b� cantacted at (4(k{�488-2924 or by calling the State Comptroller's iiodine, 1-800-
84�37�2.
23.00 F�blic Erstity Craaaaae,• gursuant 80 2�7•133�3)(a) F.S. the followflng is applieable to this agreement.
287.133(2xa) "A p�rson or affil'�ate v�ho has been placed on ths convicted vendor list foilowing a convicaon for a public entity
crirrse may not submif a bid on a contract to pc+�vide a�sy goo�s or sezvfces to a public entity, may not submit a bid on a contract
with a public en6ty for the consk►vc6on ac eepair of a public building ar public �vork, may not submi�ti �ids on leases of real
property to a pubtia entiiy, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with �any pubtic entily� and may not transact business with any public ei�Gry in excess of the threshold amount
provided in s. 287:017 fot C!a'I'FGi?RY TWO for a penod of 36 months from the date of heing placed on the convicted vendor
list."
4�
��. ��-�- �
'_�
,�
FORM 7254.�0-0G
PlJ81JC TRANSP ADMIN
�OOC • 09I94
Wee�lof�l
WPI NO. 7826659
JOB NO. 15007-3877
Conuact No. . AE-078
Agreement Date
IN V6�ITNES5 WFiEREOF, ihe parties herew have caused these presents be executed, the day and year first above written.
AGENCY: City of CleacwaYer, P.O. Box 4748,
Clearwater, FL. 34618-4748
f; ��_.
BY:
Elizabeth M. Deptula
� City Manager
'g�'gY,�, . Citv of Cl�arwatar
COUNTETLSTGNEl3:
Rita Garvey, M�yor—Gommissioner
ATTEST:
FDt)T
See attached Encumbrance Form for date of Funding
Approval by Comptroller
,� o�a` :.Y�'�_s_�i.��C �3/'�F�-
_____ ty� LEGAL APPROVAL
DEPART1b4ENC OF TRANSPORTA770N
Cynthza E. Goudeau, City C2erk
Approved as Co form and
legal sufficiency:
/��
.
�oh1n CarBesas, Assistant Citq AtCorney
R�
DEPARTMENT OF TRANSPORTA770N
7TTLE
I)IRECT��t 4F PLPcNNING ANY3 d'ROGRAMS
i1�
�i / �
;�
WPI NO. 7826659
JOB NO. 15007-3877
COPVTRACT NO. AE-078
EX�IIBIT "A"
PROJ�C'� DESCRIPTION AND ItESPONSIBII.Td'IFS
This exhibit forms an integral part of that certain Joint Participadon Agreement between
the State of Florida, Department of Transportation and City of Clearwater, P.O. Box 4748,
Clearwater, FL 34618-4748.
dated
PROJECT LOCA�ON: �learerater Executive l�irpark
Clearwater, Florida
PROJECT DFSCRIl''I'IOAT: C�nstruction of a neev terminal. building.
u
n
SPECIAL CONSIDE�LA'TIONS BY AGENCY: .
B'he.auc�at reg�rt�s) �qasia�i iaa ParagraPh 7•dd� c€t}►e Agreemecet shall ar�ciude a sch�dule of project
assist�c� �h�t wi1F t�f4�c� Ehe l�epartment's contract number, VVi'I number and Job number and
the ��ea•al �d�� 'i�f'ac�t�s�re �c�r��i.�r, where agplicable, and the amoune of state funding action
(roc�ipt a.nd d'��,as?�sat of fut�ds) and any f�lerat or la�cal funding acdan and the funding action
from aca}� other sr�urc� 6vit}� resg�t icn the pr�jeet.
SPEC�►I. �O1�iSII�EAA'i'I�Y+TS BY I3EPP.�TMENT:
s�na i�
�eS. 9� �-.30
�
�
WPI NO. 7826658
JOB NO. 15007-3876
CONTRAC'Y' NO. AE-263
EXHY�Y'd' "B"
FROJECT BiJa2GET
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transporta6on artd City of Clearwater, P.O. Box 4748,
Clearwater, FL 34618-4748
date�
I. PR03E(,°I' +COST:
. �� ���
. TOTAL F�ItOJEC."T COST: $ 2��� •
II. PAR'ITCIi'ATIORT:
� Niaxicqiu��� Federal Participation • -
�,�� �pp ( 0 9'0) or $ 0
J A,gency I'asEae�pation � .
�et-lC�d i � ) $
C�s� , i SU %) $ 100,000 �
Other ( � ) $
�Iaximu�ta I3�s�,rtm�nf I'articigati�$�a,
�mst�ary
i1D5)�L3?C�B)�DII�(P�It'�i ( 56 %} �r � 100,000
i?�i�ral Reim6urrsable {'�"�{�iRA){d3FTk)( ,°�o� or $
L�l Reimbursa�l� {1��.) ( ) %) or $
��T�z, ��.aa� cosT $ 2oo,aoo
:��� —
,�G�S. ���3r�
�
WPI NO. 7825659
JOB NO. 15007-3877
CONTRAC'i' NO. AE-078
(Exhibit updated 9/95)
EX�iY' "C" - tlVIAT[ON
(GENEYiAL)
This exhibit fotms an integral part of tha4 Joint Participation Agreement between the State
of Florida, DepartmenY of Transportation und t�he �y of ClearwateG P.O. Box 4748 Ciearwater.
Fl 34¢1,8-4748
dated
Only i#ea�s indicaYed �vith �"X" are xpplicable.
��rrr�rir.FR'�CAiTON �
_X_• Consultsnt Selection Compiiance Pu
Feasibility �tudy (iPnece.ssary) Pu
�C_PF./ELS (if necessarS) Pu
A�I3 OF ACCEPTANCE
ulic Agenoy Attornsy's Certification
b13c Agency
biia kgency
X I�esign 5ubmittai '
90% I�epartment review letter and written approval
100s/o Department review tetter and written approval
X Construciion/�rocuremeni Public Agency Certification
X_R�E �csrnplian� Public Agency Ce�tification
7��Saf�ty �omplbance ]Pubtic A�ency Certi�cation
EA/M�st�� �I�cs �u'bmiitais k�epa�m�nt k�evisw and VVcitten Acceptance
�c�a S�c:ti�aa��
�'relimi�sary •
�i�m!
�_Audit I�gas�s
?C�Certi�c�tiori of Completiiaa
,F1,i:nually by A�gency's Auditor
Agency Letter
1
¢���5°. �'7 �- .�
APPraisals
Acquisi2ion of Real Prope�ty
Applicable State Laws
Agency Attorney Certification
and Compliance to Florida
Statute Chapter332
Requests for Reimbursement (Invoice Submittats) in accordance with Section 215.422 Florida
Statutes and the requirement of Paragraph 22.00 of this Agreement.
2.
3.
�
REQUIRED SUBMITTAL TIIvIE
The Agency must submit an invoice to the Department within ninety (90) days from the
endin$ date of the eli�ible billing period covered by the invoice. Should the Agency not
submit a correctly prepared and documented invoice within the proper time frame, the
Department may deny pagrmsni of the I�epartment's share of Yhe invoice.
REQUIetED S�MITT1�., �l7RM
The Agency shail submit inv�ices on fosms provided by the Department and prepared in
accordance with instructions given by the I?epartmen4. Back-up documentation will
include the appropriate items necessary to verify costs incurred and the eligibiliry of said
costs.
Inv�ic�e Documentation: (Also see Paragraphs 7.40, 21.00 and 22.00).
Anvoices to 4he ]3ep�.'iment must be arranged in the �following rr►anner: "
1)
z�
- 3)
4)
5)
i�epartmeni's %nvoice Summary Sh�e�.
Spread sheet listing lPA budget items along the top margin, and individual
purchases along the left matgin, with 4he amaunts in the proper columns.
For each purchase, a copy of the purchase order, vendor invoice, and proof of
payment These items must b� fastened togef3rer iin "packages" and arranged in the
same order as the pur�hases listed on the spre.ad sheet
Sumanar� she�t showin� current approved budget, a�nounts previously invoiced,
amounts bein,� invoiced, and remaining balances. Line items cannot be exceeded
without fiast o�staxning a bud�et revision £resna the Department
Invoices must be submitted v✓athin 60 days ofquaiter end during which the
expens�s �uere incurred. �xceptioa�s must be documented formally with
justifications frnnt the �h$ency Head ta the Department Project Marager.
Ai'PRqVAL OF SUHMI�!"i'�L.
tJoods or strvic�ss receiv�cl under this agreement shal! be Approved/disapproved by the
Dep�rimerbtno iater than �v� (S) working days af��r receipt, by the Distnct Public
Transporfation Office, �fa properiy prepared and submitfecl invaice. Sh�utd the invoice
b� incomptdc or incorrcxt, the Department shalt irtfo�sn the Agency within five (5)
working days o#'receipt and reiurn the invoice for corcectinr�.
���. �� °�il�'
.
0
WPI NO. 7826659
JOB NO. 15007-3877
CONTRACT NO. AE-078
EXHIBIT nr, n
SPECIAL AIItFO1t7' ASSiJRANCIE�
'i7►is exhibit forms an integral part of that certain Joint Participation Agreement between
the State oi �lor�da, D�gartment of Transportation and City of Clearwater, P.O. Box 4748,
Clearwater, FL 34618-4748
dated .
I. G�ItAi,
0
Ia. These assuaances shall be complaed with in the gserformance of master planning,
I, land acquisidon, economic development or capital improvement projects which
�, c�ntain IIS2 federal funds. -
I �.
�a. Upon acceptance of ihis Joint 1'articipation Agreement by the sponsor, these
assurances are incorp�rateri in and becflme a gart thereof. �
` II. D�URAT'YON '
'i'he terrns, condilions and assurances of ihe grant agreement shall remain in full force and
effact ihroughout th� us�ful life of the facilities developed or equipment acquired for any airport
developmenE pmj�:t, l�ut in any eveaAt not t� �xs�xi twenty �2fl) years from the date af acceptance
of a grant ageeement ��g staie funds for th� project. lHowever, there shall be no limit on the
durat�on of ths assuranc:�.s tvit�a nespe,ct to real property acquired v�ith project funds.
- III. SPC}lVSOR CERTIFICATIOIV
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The sponsor h�reby assures and csrtifies, with respe�t to this grant:
a. It has �u�cient funds available fo.r that gortian of the project costs not paud for by the
State. It has �fficient funds available t� a�um ope�6on and maintenance of items it will
awn or confrol fi��d�cl under tf�e �rant agreem�nt.
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b. It holds good title, satisfactory to the Department, to the landing azea of the airport or site
thereflf, ar a�ill give assurance satisfactory to the Aepartment, that good 6tle will be
acquired.
c. Tf an arrangement is mads for mar�agement and operadon of the airport by any agency or
person othec than the sponsor or an employe°, of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airp�rt will be operated and maintained
i� a�cordance with the Federal Airport and Airway Improvement Act of 1982, or
sucr,e.csiv� legislation; the regulations and 9he terms, condi6ons and assurances in the grant
agreement; and shali ensure that such arraa�gement also recluires compliance therewith.
d. It wnll adec�uately clear and protect the aerial approaches to ihe airport by remaving,
lo��erings reiocating, marFdng, or lighting, or othenvise mitigating existing airport hazards
and by preventing ihe establishment or creation of future airgort haaards. `
e. It evill makk� its airport available as an airpori for public use on fair and reasonable terms.
f. it dvilt gerniie no excdusive rights for the use of the airport by any persons providing, or
inte►�dang to prQVide aesonautical servaces e� the public. .-
'�„� g. All redenues genera�xl by the airgort will be expenderl by it for the capitai or ogerating
c�sts of the air�ort, ihe local airpaat syst�m, ar other lacal facili6es owried or operated by
the owner or o�rator �f th� airg�ort and directly related to the actual aerial transportation
' of passengers or property. � ,
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h. �nce accomplished, it will keep �g-ta-date a minimum of an Airport Layout Plan of the
airport showi�g (1) boundaries �sf the airport anci all proposed addidons thereto, together
�wif.h the boundaries of al! offsite areas owned or controlled by ehe sponsor for airport
purpases and proposed additions thereto; (2) the location and nature of all e�sting and
gr�aposed aiir�ort facilities and sg.rraciur�.s (such as runways, taxiways, aprons, terminal
bui�dings, hangars artd roads}, irtcluding all pr�pased extensions and reductions of existing
airr�asre facilitat�es; and (3) the lacation of all erastin� irnpravements thereon.
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